Blackburn v. McDonald
Texas Commission of Appeals
Error from Bobertson. Tried below before the Hon. John B. Bector. September 19,1871, Wm. Blackburn and others, plaintiffs, brought an action of trespass to try title against Alex. McDonald, and for partition against other defendants named in the petition and alleged to be joint tenants with .plaintiffs in certain lands.
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Error from Bobertson. Tried below before the Hon. John B. Bector. September 19,1871, Wm. Blackburn and others, plaintiffs, brought an action of trespass to try title against Alex. McDonald, and for partition against other defendants named in the petition and alleged to be joint tenants with .plaintiffs in certain lands. The lands were alleged to have been conveyed by a warranty deed, April 8, 1870, by B. C. Blackburn to said co-owners, described as “lying and being situated in the county of Robertson and state of Texas, it being a part of the headright of H. Reed and containing five hundred…
1Opinion of the CourtA. S. Walker, J.
The only question presented is the sufficiency of the deed set out in the petition.
The appellee insists that it is void for uncertainty; 'and urges that the allegation of mistake in the number of acres, as stated in the amendments to have occurred in writing, the deed, changes the suit into a proceeding to correct,such, mistake, and without making the grantor a party. To this we cannot assent.
In suing for the land in trespass to try title the plaintiffs are entitled to a liberal construction of the terms of description; such also follows from the disposition of the case.upon demurrer. The…
2Cases cited10 opinions
- Wofford v. McKinnaTexas Supreme Court · 1859
- Norris v. HuntTexas Supreme Court · 1879
- Wilson v. SmithTexas Supreme Court · 1878
- Kilpatrick v. SisnerosTexas Supreme Court · 1859
- Flanagan v. BoggessTexas Supreme Court · 1876
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3Cited by1 opinion
- Gray v. Producers' Oil Co.Court of Appeals of Texas · 1921